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Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Yes, I will revert with a note. I take the Deputy's point. There needs to be a penalty, obviously, but it needs to be appropriate. I am more than happy to ask the officials to look at that, revert to the Deputy with a note as to the rationale for the current balance, and we can pick it up again on Report Stage. I might ask Ms Carter to come in on the sanctions point as well, if that is okay.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Yes, that is a fair point.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Correct, Deputy. The judges will, of course, still have discretion within the bounds of the Act.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: No, it is not.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 104: In page 50, between lines 24 and 25, to insert the following: “(3) Without prejudice to the generality of section 105, the specified form of a surrogacy agreement shall require, in the case of two intending parents, each of them to indicate that he or she consents, should the agreement be approved under this section but he or she dies after the embryo...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 105: In page 50, line 25, to delete “sections 72 and 73” and substitute “sections 52, 72 and 73”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 106: “Safety of children - AHRRA 52. (1) The AHRRA shall not approve under section 51 a surrogacy agreement unless it is satisfied that the relevant person, and each other relevant person, does not present a potential significant risk of harm or neglect to— (a) any child that may be born as a result of the AHR treatment the subject of the...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I might ask Mr. McGennis to come in on this.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 107: In page 51, line 27, to delete “under” and substitute “pursuant to”.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 108: In page 51, to delete lines 35 and 36 and substitute the following: “(2) (a) A surrogacy agreement is not a permitted surrogacy if the surrogate mother has, before entering into such agreement, been a surrogate mother upon more than one occasion, and where on at least two such occasions a pregnancy was achieved. (b) In paragraph (a),...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I thank colleagues for their amendments and contributions. We have discussed this at length and there is no right answer to this that I can find. I asked exactly the same questions. Is it two viable pregnancies? Is it two births? Is it after the first trimester? Why are we coming down on this? The rationale provided by the teams of officials who put this together is that it is for...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I am happy to take a look at that. Deputy Shortall may be right. If we are broadly agreed that by "clinical pregnancy", we are talking about five weeks - at least that is the advice I have - that is something we can look at. I am making the point that there is no right answer here. It is really around protecting the surrogate. One of the points made to me by some of the advocacy groups,...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: We will take a look at the legal standing of that.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 111: In page 52, line 3, to delete "An" and substitute "Any".

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 112: In page 52, to delete lines 14 to 28, and substitute the following: “(c)involve the following, as appropriate: (i)in the case of a male and a female as the intending parents— (I)the female is unable to conceive a child, including as a result of the provision (including the potential provision) of AHR treatment, (II)the female is unable...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Amendment No. 112 seeks to clarify and expand further on the circumstances in which a surrogate agreement can be approved for different groups of intending parents. Specifically, the proposed new paragraph essentially sets out how an applicant can demonstrate to the satisfaction of the AHRRA that surrogacy is effectively the only route by which they can have a child. Therefore, for...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: There was also, after "treatment", to insert "for uterine reasons". It was the other wording Deputy Shortall was putting in.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: Deputy Gino Kenny has the same amendments tabled.

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: The advice I am taking on this is legalistic and medical rather than from a policy perspective. I am aware that there is some disagreement about the exact definition of the term "conceive". The advice I have is that the meaning of the term "bear" is more open to different interpretations. To bear a child can be considered to actually give birth but it can also be seen as the support or...

Select Committee on Health: Health (Assisted Human Reproduction) Bill 2022: Committee Stage (Resumed) (21 Feb 2024)

Stephen Donnelly: I move amendment No. 117: In page 52, to delete lines 29 to 33 and substitute the following: “(4) The intending parents (or, in the case of a single intending parent, that intending parent) shall give an undertaking in the specified form, before the section 51 application concerned is made, that he or she shall— (a) take all necessary steps to provide care and protection,...

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